DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1, 13, 15 are rejected under 35 U.S.C. 103 as being unpatentable over Burckart (Pub. No.: US 2015/0055551 A1) as applied to claim 1 above, and further in view of Kudelski (Pub. No.: US 2022/0141294 A1).
With respect to claim 1:
Burckart discloses a method for message transmission between devices (fig. 1, disclose message transmission between devices), the method comprising storing a first message (parag. 0006 discloses a method of store and forward), and after a positive determination that a short-range wireless connection is established with said the second device, forwarding the first message to said the second device through said the short-range wireless connection (parag. 0007 discloses that once mobile device is reconnected to the wireless hotspot, the queued message would be delivered to the identified mobile device);
Burckart does not explicitly disclose third device received from first device through internet; said the first message being intended for a second device and wherein the third device is determined by the dedicated server based on association information stored at the dedicated server, wherein the association information identifies the third device as designated for forwarding messages to the second device and is obtained from messages previously sent by the second device through the third device or from a registration, by the second device, of the third device as designated for forwarding messages to the second device.
Kudelski discloses third device and wherein the third device is determined by the dedicated server based on association information stored at the dedicated server, wherein the association information identifies the third device as designated for forwarding messages to the second device and is obtained from messages previously sent by the second device through the third device or from a registration, by the second device, of the third device as designated for forwarding messages to the second device (fig. 3, parag. 0045-0050). It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to utilize the teaching of Kudelski into the teaching of Burckart for better connectivity.
With respect to claim 13:
Burckart discloses a device for forwarding messages between devices, said the forwarding device comprising: a module for receiving a first message from a first device through internet (parag. 0006 discloses a method of store and forward);
said the first message being intended for a second device (parag. 0008 and 0019); a module for storing the received first message (parg. 0006 discloses store and forward); and a module for, after a positive determination that said the forwarding device has established a short-range wireless connection with said the second device, forwarding the first message to said the second device through said the short-range wireless connection (parag. 0007 discloses that once mobile device is reconnected to the wireless hotspot, the queued message would be delivered to the identified mobile device).
Burckart does not explicitly disclose third device and wherein the third device is determined by the dedicated server based on association information stored at the dedicated server, wherein the association information identifies the third device as designated for forwarding messages to the second device and is obtained from messages previously sent by the second device through the third device or from a registration, by the second device, of the third device as designated for forwarding messages to the second device.
Kudelski discloses third device and wherein the third device is determined by the dedicated server based on association information stored at the dedicated server, wherein the association information identifies the third device as designated for forwarding messages to the second device and is obtained from messages previously sent by the second device through the third device or from a registration, by the second device, of the third device as designated for forwarding messages to the second device (fig. 3, parag. 0045-0050). It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to utilize the teaching of Kudelski into the teaching of Burckart for better connectivity.
With respect to claim 15:
The rejection of claim 1 is incorporated; Burckart further disclose a non-transitory computer-readable medium storing instructions that, when executed by a processor, cause the processor to perform a method for message transmission between devices (parag.0007, 0023-0024).
Claims 3, 5-8, 14 are rejected under 35 U.S.C. 103 as being unpatentable over Burckart (Pub. No.: US 2015/0055551 A1), Kudelski (Pub. No.: US 2022/0141294 A1) as applied to claim 1 above, and further in view of LU (Pub. No.: US 2025/0344262A1).
With respect to claim 3:
The rejection of claim 1 is incorporated; Burckart and Kudelski do not explicitly disclose wherein a first identification information related to the second device is inserted by the first device in the first message, said the first identification information being used when sending the first message through the internet and/or when forwarding the first message to the second device by the third device through a short-range wireless connection.
LU discloses wherein a first identification information related to the second device is inserted by the first device in the first message, said the first identification information being used when sending the first message through the internet and/or when forwarding the first message to the second device by the third device through a short-range wireless connection (parag. 0176 and fig. 6B). It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to utilize the teaching of LU into the teaching of Burckart in view of Kudelski in order to initiate communication between devices.
With respect to claim 5:
LU discloses the method further comprising storing a second message received from the second device through a short- range wireless connection, said the second message being intended for the first device and after a positive determination that a connection to the internet can be established, forwarding the second message towards said the first device through the internet (parag. 0176 and fig. 6B).
With respect to claim 6:
Burckart discloses the method according to claim 5, wherein the storing and forwarding the second message are performed by a forwarding device and wherein, before that the forwarding device receives the second message from the second device, the method comprises the following, performed by the second device: detecting at least one device able to forward the second message to the first device; and selecting the forwarding device among the detected at least one device (parag. 0016, 0018).
With respect to claim 7:
LU discloses the method wherein forwarding the second message from the dedicated server towards the first device through the internet, the method further comprises the following steps: sending the second message from a dedicated server to a fourth device which is capable of being associated through a short-range wireless connection with the first device; and sending the second message from the fourth device to the first device when a short-range wireless connection is established between the fourth device and the first device (parag. 0280).
With respect to claim 8:
LU discloses the method, wherein a second identification information related to the first device is inserted by the second device in the second message, said the second identification information being used when forwarding the second message to the first device (parag. 0062-0063 discloses inserting identification on the message and this is applied to sending a second message as in parag 0064-0065).
With respect to claim 14:
LU discloses the device according to claim 13, said the device further comprising a module for receiving a second message from the second device through a short-range wireless connection, said the second message being intended for said the first device; a module for storing said the second message; and a module for, after a positive determination that the forwarding device can connect with the first device through the internet, forwarding the second message towards said the first device through the internet (parag. 0176 and fig. 6B).
Claims 4, 9, 11, 16, 17 are rejected under 35 U.S.C. 103 as being unpatentable over Burckart (Pub. No.: US 2015/0055551 A1), Kudelski (Pub. No.: US 2022/0141294 A1) as applied to claim 1 above, and further in view of Plant (Pub. No.: US 2014/0047007 A1).
With respect to claims 4, 9:
The rejection of claim 1 is incorporated; Burckart and Kudelski do not explicitly disclose the method further comprising, after the step of forwarding the first message to said the second device through said the short-range wireless connection, deleting said the first message.
Plant discloses after the step of forwarding the first message to said the second device through said the short-range wireless connection, deleting said the first message (parag. 0019). It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to utilize the teaching of Plant into the teaching of Burckart in view of Kudelski in order to free space and storing and queuing future messages.
With respect to claim 11:
Plant discloses the method wherein the first message is encrypted (parag. 0072).
With respect to claim 16:
Plant discloses the method according to claim 4, wherein the deleting the first message is automatically triggered upon the transmission, by the third device, of the first message towards the second device (parag. 0019).
With respect to claim 17:
Plant discloses the method according to claim 4, wherein the deleting the first message is automatically triggered upon reception, by the third device, of a receipt acknowledge message, sent by one of the second device or the dedicated server upon receiving the first message (parag. 0019).
Response to Arguments
Applicant’s arguments with respect to claims 1, 13 and 15 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to AJIBOLA A AKINYEMI whose telephone number is (571)270-1846. The examiner can normally be reached Monday-Friday 8:00am-5:00pm, EST.
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/AJIBOLA A AKINYEMI/Primary Examiner, Art Unit 2649
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